Transform Credit Privacy Policy

Last Updated: September 15, 2020

Transform Credit Inc. and its affiliates (“Transform Credit” or “we”) respect your privacy and are committed to protecting your personally identifiable information (“PII”) that may be collected through your use of our website or mobile application (together, “Site”), in applying for or receiving any of our products or services (“Services”) or otherwise. This privacy policy (“Policy”) describes how we may collect, use and disclose your PII. For purposes of this Policy, PII about you means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.

If you apply for a loan, we will provide you with a separate notice, entitled “What Does Transform Credit Do With Your Personal Information?” (the “Notice”) which describes our policies with respect to the use, maintenance, and disclosure of the non-public PII about you that we obtain in connection with offering to you or providing you with a financial product or service to be used primarily for personal, family, or household purposes. To the extent that there is any conflict between this Policy and the Notice, the Notice will control.

Please read this Policy carefully. By using our Site or Services, you agree to our collection, use, and sharing of your PII as described in this Policy.

1. Information that We Collect

Not all information that we collect from or about you (“Your Information”) is PII. In general, the information you affirmatively provide to us, such as when you seek information from us or fill out an application form, will be PII. But we also automatically collect information from your computer or other device that you use to connect with our Sites that we cannot use to identify you specifically. Listed below are the types of information about you that we may have collected within the past 12 months. These types of information are PII only if the information identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.

• Identifiers such as your name, postal address, online identifier, Internet Protocol (IP) address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
• Internet or other similar network activity, such as browsing history, search history, such as which of our web pages you access, the frequency of access, and what you click on while on our Site.
• Device information: We may collect information about the device you are using such as hardware model, operating system, application version number, browser, and IP addresses, and when you access our Site or Services via a browser on your mobile device or through the use of our mobile application, we may also collect mobile network information including phone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
• Geolocation data:We may collect information about your actual location which may be determined from your device IP address, GPS, and other sensors that may reveal information on nearby devices, Wi-Fi access points, and cell towers.
• Sensory data, such as audio, electronic, visual, or similar information.
• “Customer Records” information (some of which may be identifiers or professional/employment-related information as well), such as your name, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. For example, in processing a payment with you, such information would include your name, amount of payment, and your bank account information, including account numbers, routing numbers, debit card numbers and similar information. Other information that we collect includes your transaction history, payment history, and account balance. We also collect tokens from online services and payment systems.
• Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information, such as fingerprints or voiceprints. [Our mobile application may allow you to use third-party authentication features, such as biometric technology (such as fingerprint scanning), to access our mobile applications on your device.]
• Professional or employment-related information, such as your current or past job history.
• Personal characteristics that are related to classifications legally protected from discrimination, such as race, national origin, ethnicity, marital status, age and gender.
• Inferences drawn from other PII, such as a summary we might make based on your apparent personal preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

Some of the information about you or your device is collected through cookies and other tracking technologies on our Site. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. The cookies we use include session cookies, which make it easier for you to navigate our Site (these are created each time you visit the Site and expire 24 hours after that visit), and persistent cookies, which remain on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our Site. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

If you reject cookies, you may still use our Site, but your ability to use some areas of our Site may be limited. For example, you may be unable to take out a loan or other product without accepting cookies. We may use a software technology called tracking pixels (a.k.a. web beacons or clear gifs) that help us better manage content on our Site by informing us what content is most effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We may also use other website or mobile tracking technologies, such as device fingerprinting, to identify you and keep track of your preferences, prevent fraudulent activity or improve Site security, assess the performance of the Site, and deliver content to you based on your interests on our site and third-party sites.

2. Our Business Purposes for Collecting PII; How We Use the Information

We may use the PII we collect from or about you, for a variety of purposes permitted by law, including:

• To respond to your requests; for example, if you express interest in one of our Services, we will use your contact information (such as name and email), to contact you. If you contact us and / or provide us with information about yourself, including any questions, comments, or suggestions, we will maintain a record of these communications.
• To communicate with you about our Site, products and Services, such as by sending payment reminders, information that you have requested, or notification of important changes to our Site and Services.
• To provide you with our products and services, including to service loans we make to you, and to inform you of changes to terms and conditions relating to the products you receive from us or services in which you are enrolled;
• To process transactions, including to consider loan applications, make loans, process payments, and keep track of your points.
• To offer you additional products and services, we may occasionally send you information about products and services that we believe will be of interest to you. We will provide you with the option not to receive any future marketing communications.
• To provide you with customer support, such as to provide technical support or answer questions about your account.
• For Site and Services maintenance and improvement purposes, we analyze how our users interact with our Site and Services, and also use their information to diagnose problems with our Site or Services to improve the user experience.
• To allow you to apply for our products and services, we may use the PII that is necessary to process any application submitted by you, such as your physical address, Social Security number, mobile phone number, date of birth, bank account information and numbers, employment and income information, all of which we may use to evaluate your eligibility for such products or services, including your creditworthiness, and we may on occasion supplement the PII you submit to us with information from third-party sources, such as consumer report information.
• To prevent fraud or for security-related purposes, including by confirming your identity and/or location (for example, we may use your device’s physical location for fraud prevention purposes, if you are conducting a transaction).
• For other legally permissible or everyday business purposes, including data analysis, product development, and compliance with law enforcement and other legal processes.

3. When and With Whom We Share Your PII

We reserve the right to share the PII about you that we collect as described below:

• Service Providers: We may share your PII with service providers that help us perform functions and process your transactions. We engage service providers to deliver services to you on our behalf, such as bill payment, money transfers, check processing, wiring services and payment solutions; and to assist us with technology support, operational support and other forms of assistance, as well as to conduct analyses on our behalf and to market our products to you and others. We bind our service providers to protect the confidentiality and security of the PII we share with them.
• Affiliates: Subject to applicable law, we may share your PII with a parent company, subsidiaries, joint ventures, or other companies under common control with us.
• Corporate Reorganization: We may share your PII in connection with a proposed or actual merger, acquisition, consolidation, change of control, or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation.
• To Prevent Harm: We may share your PII if we believe it is necessary in order to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
• As Required by Law: We will share your PII where we are legally required to do so, such as in response to court orders or legal process, to establish, protect, or exercise our legal rights, or to defend against legal claims or demands.
• Your Testimonials: If you choose to tell us your story or otherwise give a testimonial, we may post such testimonial on our Site along with your name and any other PII that you choose to disclose on your testimonial. By submitting a testimonial, you consent to posting any information and content, including video content, you provide in such testimonial on our Site. If you submit a testimonial, you may revoke such consent at any time by calling 470-435-6300.

Other than for these purposes, we do not share PII with third parties and in no event do we sell PII. We do not share PII with non-affiliated entities for those entities to use for their own marketing purposes.

If you apply to be or are a customer of Transform Credit, we provide you with certain “opt-out” rights from having your PII used or shared for certain purposes. For more information regarding your rights related to our sharing of your non-public personal information, please refer to the Notice that we will provide to you if you apply for a loan or, contact us using the methods described at www.TransformCredit.com/Contact.

4. Correction

If your PII changes, or if you no longer desire our Services, you may correct or update your PII by contacting us at: 470-435-6300 or hello@transform credit.com. If you have an account with us and your account is in good standing, you may also correct or update your PII by logging into to your account on our Site and updating your information there.

5. Security

The security of your PII is important to us. We maintain reasonable physical, technical, and administrative security measures to protect and limit access to your PII. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. If you have any questions about the security on our Site, you can contact us at 470-435-6300.

6. Third Party Data Collection

Some content or applications on the Site may be provided by third parties, including advertisers, ad networks and servers, analytics companies, and application providers. These third parties may use cookies or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Some of these third parties may provide you with ways to choose not to have your information collected or used for targeted advertising.

7. Other Websites

The Site may contain links to or links from third party sites that are not owned or controlled by Transform Credit Inc. We have no control over the content, privacy policies, or practices of any third party site. You are subject to the policies of those third party sites where applicable. We encourage you to review the privacy policies of these third party sites before you disclose your PII.

8. Browser Do-Not-Track

The Site is not currently configured to respond to Do-Not-Track signals.

9. Children’s Privacy

Our Site and Services are not intended for use by children. We do not knowingly collect personal information from children under the age of 13 years. If we become aware that a child under 13 has opened an account or otherwise provided us with PII, we take steps to terminate the child’s account and delete such PII. If you believe that we have inadvertently received any such PII, please contact us at 470-435-6300.

10. California Residents’ Privacy Rights

If you are a resident of California, you have certain privacy rights under the California Consumer Privacy Act (“CCPA”). We honor those rights, as described below, and we are prohibited by law from discriminating against you for exercising any of those rights.

A. Right to Know

Subject to the exemptions mentioned below in part X(C) below, if you are a California resident, you have the right to know what PII we have collected about you, why we collected it, and the categories of third parties (excluding service providers) with whom we have shared the PII during the past 12 months. (See below on “How to Submit a Request.”) You may request that we provide a description of the categories of PII we have collected (a “Categories Request”) or a request for access to the specific pieces of PII we have collected (a “Specific Pieces Request.”)

If you make a Categories Request, and you do not have any type of account with us, we will need you to provide us with at least two data elements specific to you, such as your cell phone number or mother’s maiden name (depending on the data elements we already maintain about you), so that we can verify your identity. After we confirm that your request is a verifiable consumer request, we will disclose to you:

• The categories of PII we collected about you.
• The categories of sources for the PII we collected about you (e.g., social media websites, government records available to the public, etc.).
• Our business or commercial purpose for collecting that PII.
• The categories of third parties other than service providers (if any) with whom we shared the PII.

If you make a Specific Pieces Request, we need to be sure we have verified your identity with great certainty to safeguard your privacy. In order for to verify your identity, if you do not have any type of account with us, you will need to provide to us at least three data elements specific to you, together with a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If we are able to confirm that your request is a verifiable consumer request, we will provide you with copies of the specific pieces of PII we collected about you that you requested.

B. Right to Request Deletion

You have the right to request that we delete any of your PII that we collected from you and retained, subject to the exemptions described in Part X(C) below. We are not obligated to comply with your request if we have a legal basis to retain the PII. If you make a request for us to delete PII, and you do not have any type of account with us, we may need you to provide us with at least two data elements specific to you so that we can verify your identity. Once we receive and confirm that your request is a verifiable consumer request (see below on “How to Submit a Request”), we will inform you whether we have deleted (and have directed our service providers to delete) your PII from our records, or whether we are declining to grant your request to delete due to an exception to the CCPA deletion requirements.

C. Exemptions

Certain PII is protected by federal and state privacy law other than the CCPA and thus the specific rights described above do not apply in the case of that PII. Specifically:

• If you are, or apply to become, a customer of Transform Credit, the non-public PII we obtain from you in that context (“Personal Customer Information”) is protected under other state and federal law rather than the CCPA. As noted, the rights of such customers of Transform Credit are set forth in our notice, entitled “What Does Transform Credit Do With Your Personal Information?”.
• If you are working for or applying for a job with Transform Credit, or if you are an employee or other representative of a business or other organization that is exploring or engaging in a business-to-business transaction with Transform Credit, the CCPA currently does not provide you with a “right to know” or “right to request deletion” until January 1, 2021.

D. How to Submit a Request

To request access to or deletion of your PII as described above, please submit a verifiable consumer request to us by:

Sending your request to: privacy@transformcredit.com

You may make a request on your own behalf, and if you are the parent or guardian of a minor child, you also may make a request related to your child’s PII. If you wish to designate an authorized agent to make a request on your behalf, please provide us with a signed declaration stating that your intent is to permit that individual to act on your behalf and include such individual’s full name, address, email address, and phone number. That way we will be sure you have fully authorized us to act in accordance with the requests of that individual.

In order to protect your PII from unauthorized disclosure or deletion at the request of someone other than you or your legal representative, Transform Credit requires identification verification before granting any request to provide copies of, know more about, or delete your PII. Specifically, we require that any request submitted to us:

• Provides sufficient information to allow us to reasonably verify you are the person about whom we collected PII or an authorized representative.
• Describes your request with sufficient detail to allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm that the PII relates to you.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. We will only use PII provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

11. Applicable Law

This Site is based in the United States and is subject to U.S. law. This Site is controlled, operated, and administered by Transform Credit Inc. from its offices within the United States. If you are accessing this Site from a location outside the United States, you hereby consent to the collection of our PII in the United States, whose privacy laws may be less protective than those of the jurisdiction where you are located.

12. Updates to this Policy

We reserve the right to modify this Policy at any time, so please review it frequently. If we decide to make material changes to this Policy, we will post those changes to this Site in a manner that we deem is appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. You agree to these future updates by continuing to use our Site or Services after they have been posted. You can always obtain a copy of the most updated Policy by reviewing this Site.